Lance's Corner

NYSDOL Issues June 2024 Newsletter

Jun 28, 2024

The New York State Department of Labor (NYSDOL) has issued its June 2024 newsletter, which can be read below.

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June 2024

Small Businesses Take Center Stage on Small Business Tour 2024

commishAs part of Governor Hochul’s commitment to helping small businesses and entrepreneurs flourish in today’s economy, the New York State Department of Labor Commissioner Roberta Reardon and Empire State Development President, CEO and Commissioner, Hope Knight, launched the 2024 Small Business tour on June 17 in White Plains.

The Small Business tour provides important information to small business owners on licensing, regulations, taxes, grants, training and more. With the purpose of connecting small businesses and entrepreneurs with no-cost resources and services provide by state agencies, the tour represents another aspect of New York State’s commitment to strengthening small businesses that continue to play an important role in their local communities.
Registration is still open for upcoming stops, including:

  • Thursday, June 27, 8:00 a.m. – 10:00 a.m. Interagency Small Business Tour Stop SUNY Broome Community College 907 Front Street, Binghamton, NY, 13905
    Partner Organization: Greater Binghamton Chamber of Commerce
  • Monday, July 8, 10:00 a.m. – 12:00 p.m. Interagency Small Business Tour Stop Locust Grove Estate 2683 South Road, Poughkeepsie, NY, 12601
    Partner Organization: Think Dutchess Alliance for Business
  • Thursday, July 11, 8:00 a.m. – 4:00 p.m. MWBE Regional Opportunities Expo Event
    Midtown Manhattan, New York City, NY
    Businesses must register to receive event location.
  • Friday, July 12, 2:00 p.m. – 4:00 p.m. Interagency Small Business Tour Stop Adam Clayton Powell, Jr. State Office Building 163 W 125th Street, New York, NY, 10027
    Partner Organization: Manhattan Chamber of Commerce
  • Wednesday, July 17 – 11:00 a.m. – 1:00 p.m. Interagency Small Business Tour Stop
    The Bulova Building 75-20 Astoria Boulevard S., Queens, NY, 11370
    Partner Organization: Queens Chamber of Commerce
  • Monday, July 22, 10:00 a.m. – 12:00 p.m. Interagency Small Business Tour Stop SUNY Old Westbury 223 Store Hill Road,Old Westbury, NY, 11568
    Partner Organizations: Long Island Association, Long Island African American Chamber of Commerce, and Long Island Hispanic Chamber of Commerce
  • Tuesday, July 23, 10:00 a.m. – 12:00 p.m. Interagency Small Business Tour Stop Suffolk Theater 118 E. Main Street, Riverhead, NY, 11901
    Partner Organization: Suffolk County Alliance of Chambers
  • Thursday, July 25, 3:00 p.m. – 5:00 p.m. Interagency Small Business Tour Stop Onondaga Community College 4585 W. Seneca Turnpike, Syracuse, NY 13215
    Partner Organization: CenterState CEO

For more information or to register for an event on the Small Business Tour, please visit: https://dol.ny.gov/SBT
The DOL offers a variety of services to support businesses of all sizes across the state. From workforce recruitment assistance to guidance on tax credits to free HR consultations, we have a host of services that will help our small businesses cut costs and thrive in today’s fast-moving marketplace.

 

Changes to Breast Milk Expression in the Workplace Law

expressThere are some new changes to the Expression of Breastmilk in the Workplace Law that you need to know about.

Beginning June 19, 2024, Labor Law Section 206-c provides all employees with the right to paid break time to express breast milk in the workplace regardless of the size of their employer or the industry they work in. Employers are required to tell employees about their rights regarding breast milk expression by providing them the NYSDOL Policy on the Rights of Employees to Express Breast Milk in the Workplace when they start a new job and annually thereafter.

Providing working parents with paid break time to express breast milk has a number of positive benefits to the workplace. Supporting parents in this way reduces absenteeism, improves morale and productivity, and helps with employee retention. Paid break time creates a positive work culture and benefits both the employees and employers.

For more information, please visit our Breastmilk Expression in the Workplace website.

 

ICYMI: New York’s First-Ever Youth Workers Bill of Rights

Young WorkersLast month, Governor Kathy Hochul introduced the Youth Workers Bill of Rights, a landmark initiative designed to enhance protections for the state’s youngest employees. The Bill of Rights provides crucial information on minimum wage, anti-discrimination, and other essential worker protections.

Businesses are encouraged to familiarize themselves with the Youth Workers Bill of Rights, which will be distributed with working papers and made available in various formats.

The DOL’s new Youth Worker Information Hub serves as an educational resource, offering detailed information on working hours, minimum wage compliance and prohibited occupations for those under 18. This initiative builds on Governor Hochul’s 2023 measures to combat rising child labor violations, including the establishment of an interagency Child Labor Task Force and the Protect Youth Workers Pledge for businesses.

Visit the Youth Worker Information Hub today for additional information and resources.

 

Beat the Heat with Extreme Heat Safety Tips

heatAccording to the National Weather Service, when the heat index is 80 degrees or higher, the risk of occupational heat-related illness and injury increases significantly. With the recent wave of record-setting heat, the DOL strongly encourages all businesses to follow these extreme heat safety tips to protect all workers:

  • Allow workers to rest regularly in shaded areas.  
  • Encourage workers to drink water frequently, even if they are not thirsty. The Centers for Disease Control and Prevention recommend that employers provide each outdoor worker with 32 ounces of cool, potable drinking water per hour.  
  • When the heat index equals or exceeds 80 degrees Fahrenheit, establish shaded areas near work sites for rest and meal periods.  
  • When the heat index reaches 90 degrees Fahrenheit or greater, implement standardized rest breaks to keep workers safe.  
  • Encourage workers to protect themselves from the sun and heat by wearing light clothing, wide-brimmed hats, and sunscreen. 

It is also crucial for both workers and employers to recognize the signs of common heat-related illnesses. New and returning workers should be aware that they need to build a tolerance to heat, as those who are not acclimated to working in hot conditions are the most vulnerable.

Our top priority is to keep all workers safe and protected. Please follow these tips to ensure the well-being of your employees.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc